The Portland daily press., 1887-02-26

The following decisions with rescripts were re-
ccelyea yesterday IN cases pending on the law
are all by Chief Justice Peters
CUMBERLAND COUNTY,
James p. Wentworth vs. Edward H. Woodsde
Exceptions by defendant
Rescrfpt-The statute which provides that no
person shall defend an action on a Contract ,innn
the ground that 1t was made on the Lords dav
until he restores the consideration received for
sne contract applies to an action in which the de-
PENDANT IS sued for sum which he promised 10
pay as the difference of value between horses ex
changed by the parties, the defendant not restor-
hg OF onerang 70 restore the horse obtained from
the pialnt1n. Exceptions oyrrruled.
John a, Waterman, Judge vs. Kate H. Doekray
ct ais, exceptions by plalntiii.
some deficiency Is merely a common law bond,
while destitute of power to enforce statutory pen,
aties, and suable only in the name OF the Judge to
whom given. is available for the enforcemenf' of
all legal obligations assumed by the makers in
the same manner as If statutory bond. The
writ In suit on such bond, brought in the obli-
gees name for the benefit of the estate generally
IS amendable by inserting the name of a person
as prosecutor; the amendment does not bring into
the case either new party or new cause OF ac-
ton; the obligee Judge of probate) is the party
in trust for all persons interested. Exceptions
sustained; motion oyerruled; amendment al
Miller Matherson ct al VS.. John W. Wilkinson.
Exceptions by plaintiff.
Rcscript-The provisions of chapter GO. r.. s.
relating TO the settlement of the estates of deceas-
ed partners do not apply to an account sued in
the name OF surviving partners for the benefit OF
one partner TO Whom the account, was assigned
by the partnership during the lifetime of all the
partners; Exceptions sustained. Plea in abate-
mem pao. defendant to answer over.
KNOX COUNTY
: Rockland, Mt. Desert & Sullivan Steamboat
Company vs.. VIM. H. Fessenden
RescTfpt-Where a person contracts with a
company for certain consideration to build and
equip Tor them, 10 ply between ports on the coast
OF Maine, steamboat which shall be able Ia
attain speed OF fifteen miles an hour with forty
pounus OF steam, without forcing the pumps and
70 make trial trip TAT sea" at the time OF de-
lively tne measurement is TO be marine or sea
miles, ana not land or statute niles the contract
calls loI miles as usually measured on the sea
sea or marine or geographical miles Fycanfiono
ana motion oYerruled. Judgment on the verdict
LINCOLN COUNTY
John l.. Thompson VS.. Frank Smith Pxcan
tiOns and motion by defendant NP
RescTipt.--An action to recover penalties for in
fractions Of the lobster laws Is not barred nv
previous criminal proceedings for the same offence
over instead Of trying the complaint himself, the
law giving him no Jurisdiction to send the case
up. The first proceedings were nullity.
Where the writ or indictment alleges in one
count the illegal possession of definite number
of Holsters, the verdict may be for any number
less than the whole number alleged; and the
penalties be proportionate with the nnding. The
that the Holsters under nine inches long were
young Holsters; the word young is used In the act
In presumptiye sense; the law assumes that
those under nine inches long are young Holsters.
IL is not unlawful TO have In ones possession dead
Holsters less than nine inches long, If the same
Holsters were nine inches or more long when
taken alive. Motion and exceptions oyerruled